I just got called brain dead for assuming my husband would keep the things that are in his name. Is there any way out of that or is that just the standard way of doing things?
2007-08-21 04:50:32 · 8 answers · asked by Wendy B 5 in Politics & Government ➔ Law & Ethics
The house and truck are in his name and he got them after we were married. If we divorced, I couldn't afford them if I got half. I don't want them. I think it's kind of funny that I thought I was finally making smart decisions (not putting my name on them) to help myself and now I learn that I really would still be responsible. I agree that I am brain dead. How stupid can a person be. Ha Ha on me. I guess debt just follows me no matter what I do.
2007-08-21 05:33:45 · update #1
Well, as the answerer before articulately pointed out, in a community property state, the general idea is that the parties get 50% of everything acquired during the marriage, and each person gets to keep anything acquired prior to the marriage that the spouse didn't make a substantial contribution to. In "equitable division" states, the court attempts to divide all assets equally. There are a whole bunch of exceptions, but that's the general idea. Legal title may make a difference, but rarely does.
However, of course, that presumption can be overcome through agreement. If you want to settle and give your husband more assets, and it's in your best interest to do so, that's fine. And if the things that are in "his name" are "his property," (meaning he uses his car, etc.) then that seems liek a reasonable compromise (maybe you can get some of the property you most often use).
The answerer above perfectly described the problem. If there's actual value in the house, then you're entitled to it -- you're entitled to a payment from your husband for half the value of the house, or you're entitled to keep it (and pay him any value he loses) or you're entitled to sell the house, pay off the mortgage, and keep the excess.
2007-08-21 06:05:32 · answer #1 · answered by Perdendosi 7 · 0⤊ 0⤋
In most states assets and debts are split 50/50 by law, however if both parties agree to something else that is ok as well. So if you do not want the house or truck and he does then all you have to do is agree in the divorce settlement to that. If there is equity in either (they are worth more than the loan on them) you are entitled to your share of the equity. This can either mean you sell the house or he can buy you out of the house with cash. See a lawyer ASAP.
2007-08-21 06:16:23 · answer #2 · answered by Seano 4 · 0⤊ 0⤋
It depends on the state. You and your husband can make agreements that are different from a 50/50 split if that is what you both choose to do.
Edit:
In a 50/50 split it could be ordered that the house be sold and any profit split between both of you. As far as the truck you two can come to an agreement as to who gets the truck and the responsibility of the expense. You need to discuss this all with your attorney.
2007-08-21 05:04:51 · answer #3 · answered by Lori B 6 · 0⤊ 0⤋
If I read your question correctly, the person calling you brain dead is an idiot looking for a fool.
While property laws are not as simple as 'everything after the marriage is community (marital) property' it's a good rule of thumb to start with.
Other things such as inheritance and judgement payments are not generally co-mingled into the community property unless by conversion or agreement.
Of course, it depends on where you live and divorce but unless he purchased the item BEFORE marriage and did not convert it, and if he's the one calling you brain dead, then here is an easy way for you to show him he's right.
File for divorce and petition the court for 100% of all marital property and include everything in his name as well. Let him explain his legal reasoning to the judge
2007-08-21 05:01:28 · answer #4 · answered by hexeliebe 6 · 1⤊ 0⤋
It depends on the laws of your state, but in "community property" states, anything acquired during the marriage is divvied up 50-50 no matter whose name it is in.
2007-08-21 04:55:28 · answer #5 · answered by jurydoc 7 · 0⤊ 0⤋
Your not brain dead. Tell the person who called you that this is a state by state thing.
Check this web site: www.divorcesupport.com
It gives you info on all states.
2007-08-21 05:01:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Laws vary from state to state. Consult a lawyer in the area where you live.
2007-08-21 06:10:44 · answer #7 · answered by WC 7 · 0⤊ 0⤋
need more facts, how long was the marriage, did you combined assets or did the remain separate, is their a prenup? are we talking about property bought during the marriage with assets from the marriage or separate assets, then what state
2007-08-21 05:04:23 · answer #8 · answered by goz1111 7 · 0⤊ 0⤋